State v. Tyson

Summary

The North Carolina Court of Appeals affirmed the defendant’s convictions, holding that the State presented sufficient evidence to submit the charge of second-degree sexual exploitation of a minor to the jury. The court concluded that N.C. Gen. Stat. § 14-190.17(a)(2) does not require proof that the solicited sexual material actually existed when the defendant solicited it. The court therefore held that the trial court properly denied the defendant’s motion to dismiss for insufficient evidence.

Holdings

1. A prosecution under N.C. Gen. Stat. § 14-190.17(a)(2) does not require proof that the solicited material was actually created or existed; the State need prove that the defendant knowingly solicited material that would contain a visual representation of a minor engaged in sexual activity.
2. The State presented substantial evidence supporting the charge because Defendant's repeated requests for videos of Ian's private parts and masturbation permitted a reasonable jury to find that Defendant knowingly solicited material containing a visual representation of a minor engaged in sexual activity.

Questions Presented

1. Whether N.C. Gen. Stat. § 14-190.17(a)(2) requires that solicited material containing a visual representation of a minor engaged in sexual activity actually exist before a defendant may be convicted.
2. Whether the State presented substantial evidence that Defendant solicited material containing a visual representation of a minor engaged in sexual activity and knew the character or content of the solicited material.

Disposition

other